Sunday, 29 May 2011

No, the UN Has Not Said the U.S. Is Engaged in an “Armed Conflict” with Al Qaeda

Filed under: International Law: War — story spotted by Catherine Morris @ 14:30 PDT

Harold Koh continually refers to the existence of an “armed conflict” between the U.S. and al Qaeda…

That position may be consistent with domestic U.S. law under the AUMF [Authorization for Use of Military Force], but it’s incorrect under international law, for reasons I’ve explained before.  Even more troubling, though, is that various commentators on the legality of UBL’s killing are claiming that the United Nations has endorsed the U.S. position that a global NIAC exists between the U.S. and al Qaeda…

It is critically important to understand why this is wrong.  The U.S. position that it is involved in a global NIAC with al Qaeda is bad enough; it would be even worse if people believed that the United Nations agreed with it.

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